President Donald Trump unlawfully removed three Democratic members from an independent watchdog responsible for overseeing government surveillance and counterterrorism powers, according to a lawsuit filed by two of the dismissed officials. The firings allegedly aimed to eliminate a crucial check on potential infringements of civil liberties and prevent Congress from obtaining necessary information for oversight and legislation.
The lawsuit, filed by Travis LeBlanc and Edward Felten, argues that the dismissals violate the separation of powers by rendering the Privacy and Civil Liberties Oversight Board (PCLOB) unable to function. By removing members without cause, the administration effectively prevented the board from maintaining its oversight responsibilities. The two former members are seeking a court ruling declaring the firings unlawful and reinstating them to their positions.
The firings took place amid a broader removal of federal officials. At the time, four of the board’s five seats were filled one held by a Republican-affiliated appointee and three by Democratic-affiliated members. The lawsuit claims that only the Democratic members were removed, leaving the sole Republican-affiliated appointee, Beth Williams, as the remaining member.
According to the complaint, Williams encouraged the dismissals, which were not based on any legitimate supervisory need. The lawsuit emphasizes that the PCLOB does not have regulatory or enforcement powers but serves as an independent advisory body providing recommendations on privacy and civil liberties issues related to national security.
The complaint argues that ensuring the board’s independence is crucial for its ability to provide unbiased oversight. It contends that the removals undermine the board’s ability to operate freely, as members must be able to critique executive policies without fear of dismissal. The board’s role is to assess how national security measures balance with individual rights and report its findings to Congress and the public.
LeBlanc and Felten argue that the president should have consulted congressional leadership before making such removals. While the statute governing the PCLOB does not explicitly outline removal procedures, the lawsuit claims that its structure and purpose suggest that members should only be dismissed for proper cause. In this case, the lawsuit asserts that no valid justification was provided.
The complaint warns that these removals weaken an agency designed to assist Congress in overseeing executive actions. It calls for judicial intervention to reinstate the removed members and ensure that the board can continue its work in safeguarding civil liberties.
